Financial claims procedure

Achieving a financial settlement

There are several ways of approaching the question of split of financial assets and future financial provision on relationship breakdown. The most appropriate approach will depend the level of assets and income and whether children are involved.

(a) Direct discussion between the parties

If the total available assets are not high or there are no property assets and no real issues between the parties then direct negotiation between the parties without the intervention of lawyers will often produce a cost effective solution. The lawyers can then be used only to advise on whether the proposed settlement is reasonable and whether it would be advisable to record the agreement reached in either a formal written agreement or by means of a court order made by consent.

(b) Negotiation between lawyers

Where the level of assets are higher or there are property assets and especially where there are children it will usually be necessary for lawyers to investigate the finances of both parties and advise on an appropriate settlement and how this can best be achieved. Such investigation of finances will involve each side summarising their finances on a detailed form and offering voluntary disclosure of all relevant financial documents. This disclosure will generally include :

Statements of bank and credit card accounts for about 12 months

Property valuations and mortgage statements

Investment valuations

Pension valuations

Documents confirming debts and liabilities

Documents confirming income and employment benefits

Schedule of outgoings

If the lawyers are unable to agree an appropriate settlement or where there is delay by one side in furnishing information or attempts to hide assets then it is likely that the wife’s lawyer will issue a further Court application to ask the Court to intervene (see below).

(c) Facilitated negotiation with a mediator

Litigation through the Court can be very expensive. Where the parties cannot agree it is often helpful to obtain assistance from a mediator. Family mediators are trained lawyers, that are independent and neutral. A mediator will help the parties identify the issues in dispute, so that they can be discussed constructively with a view to reaching an amicable agreement. Mediation is most useful where both sides agree to use that process. Any agreement reached through mediation can be drafted in to a formal agreement by solicitors (see below). The benefits of mediation are:

The ability to choose an independent mediator in whom both parties have confidence

A cost saving as the mediator fee will be split equally between the parties

It has been proven that agreements reached amicably between parties rather than imposed by the court are more likely to be long lasting

(d) Private Arbitration

A process that is fairly new to family law is that of private arbitrations. In this process, the parties nominate an independent arbitrator to act informally as a ‘Judge’ to decide on an appropriate outcome. These independent arbitrators have undergone specialist arbitration training, and are made up of barristers, solicitors or retired Judges.

The benefits of such arbitration are as follows:

The ability to chose an arbitrator in whom both sides have confidence,

Knowing that the arbitrator will be available when he or she has been booked to be available and will have read the papers,

A choice between following normal procedure (Forms E etc), or choosing a different procedure,

The option of directions hearings being conducted on paper, by telephone or by video link,

If there is one specific issue impeding settlement, the scope for it to be determined on written submissions,

Complete confidentiality.

(e) Collaborative Law

The collaborative family law process is a relatively new way of dealing with family disputes. Each person appoints their own lawyer but instead of conducting negotiations between you and your partner by letter or phone you meet together to work things out face to face. Each of you will have your lawyer by your side throughout the entire process and therefore you will benefit from legal advice as you go. The aim of collaborative law is to resolve family disputes without going to court.

(f) Litigation through the Court

If the Court is asked to intervene it will set a timetable for steps to be taken by each side leading up to a final Court hearing when the Judge will decide on what financial settlement is to be imposed on the parties. A typical timetable will involve the following steps :-

Issue of application in Form A by one of the parties.

The Court sets a date for exchange of financial statements by each side in Form E together with financial disclosure and also sets a date for the first hearing

There is exchange of Form Es by the parties together with financial documents

Each side will review the Form E and financial documents of the other party in detail and prepare a questionnaire of what further information/documents (if any) they require from the other side.

Each side will deal with the questionnaire of the other although there may be arguments as to what questions are strictly relevant

The parties (if available) and their legal representatives attend the first hearing at Court. It will often be appropriate to instruct a barrister to represent you. The Judge will decide what further evidence the parties should prepare and deal with any arguments on the questionnaires. There may be directions by the Judge to obtain expert evidence (eg house valuation from a surveyor). Sometimes the parties have been able to agree a settlement by this stage and, if so, the Judge can be asked to confirm that settlement by means of a formal Court order. If the parties have not been able to agree the Judge will set a date for a Financial Dispute Resolution (FDR) Court hearing.

The purpose of the FDR is to try to facilitate a settlement between the parties. Both parties should therefore attend Court that day. It will usually be essential to instruct a barrister to represent you. The Judge will expect each side to have made formal offers to settle by that stage. There is often considerable negotiation between the parties and their lawyers on the day. If the parties still have not been able to reach settlement the Judge will often give an indication of what settlement order he would have imposed based on the evidence available.

A date for the final Court hearing is set.

There will be considerable work to be done in the intervening period including preparing your formal statement, arranging updates for valuations and documents and preparing the bundles of documents to be used at the final hearing including a formal Schedule of Issues and a Chronology.

At the final Court hearing you will have a barrister representing you and it will be necessary for you to attend Court. You will have to give oral evidence and answer questions from your spouse’s barrister. The final hearing may well take more than one day depending on the matters still to be agreed. At the conclusion of the hearing the Judge will make his order.

Our Lawyers

We are a specialist team of British lawyers, advising expats worldwide on divorce and family law matters.

Lauren was admitted as a solicitor of the Supreme Court of England and Wales in 2008 and has worked as a family lawyer in London, Johannesburg and Dubai. She has significant experience dealing with expatriate family law matters particularly those involving English and South African law issues and is now based in London. Lauren originally qualified as a corporate lawyer at the international law firm SJ Berwin LLP, before deciding to pursue a career in family law. In November 2009 she joined Camilla Baldwin, a specialist family law firm, where she worked until she moved to South Africa in December 2012. During her time at Camilla Baldwin, Lauren managed her own cases and developed expertise in areas including financial settlements on divorce, financial provision for children of unmarried families and child arrangement matters including the relocation of children. In May 2013 Lauren joined Clarks Attorneys, a leading family law firm in South Africa, as an international legal consultant. While working for Clarks Attorneys, Lauren gained considerable experience in South African family law, acting on a range of cases with different matrimonial property systems as well as on a range of children matters, the majority of which had an international element. She acted for South Africans, expatriates living in South Africa, as well as for English and South Africa clients living in the UK with reason to pursue matters through the South African courts. She also founded and managed the Johannesburg Family Law Conference in its first few years. The Johannesburg conference is now in its fifth year, attracting attendees from all over South Africa as well as high profile international speakers. In February 2016 Lauren moved to Dubai, where she continued to consult for Clark s Attorneys, before returning to England in May 2017. Lauren is passionate about family law and strives to go the extra mile for her clients. For matters involving British expatriates in South Africa or South African expatriates in England or for any other enquiry, please contact Lauren by emailing her at [email protected]. Lauren is able to offer rounded family law advice on the pros and cons of English and South African jurisdictions for divorce and other family law applications, and if necessary will work closely with specialist South African family lawyers.

David is a highly experienced litigation lawyer, having qualified as a solicitor of the Supreme Court of England & Wales in 1986. He has run his own successful and busy London litigation practice for 21 years. David was formerly a member of the Law Society Family Law panel and spent many years in the accountancy profession before entering the law. Continue reading....

After obtaining a Bachelors and Masters degree at university, Sophie went on to obtain a distinction in family law at the College of Law in London. Sophie trained at and worked for Goodman Ray Solicitors, a niche specialist family law firm in London, for five years before joining Expatriate Law in Dubai. Continue reading....

Byron has been shortlisted as 'International Family Lawyer of the Year' within Jordan's prestigious Family Law awards, to be held in London in November. Byron is ranked in both the Legal 500 and Chambers and Partners as a leading barrister in divorce and matrimonial finance. He has been noted in the Legal 500 for his 'first-rate legal knowledge', for his especial expertise on trusts and cohabitation issues and also for his 'robust style which clients love'. In Chambers and Partners he has recently been described as 'a very intelligent and talented advocate' who always 'goes the extra mile for his clients'. It is considered in the directory that 'he will go on to achieve great things'. Byron is a family law specialist. His work covers the range of private client situations, but his particular expertise is in matrimonial finance cases. His broader practice encompasses Inheritance Act cases, disputes about children, proceedings where there are insolvency issues, cohabitation disputes and trusts. Byron appears as an advocate in courts from the County Court through to the Court of Appeal. He is frequently retained in an advisory capacity, especially with regard to Inheritance Act and Trust of Land matters. He recognises different people assimilate information in different ways: some clients want an issue dissected in a written opinion; others prefer the interaction that comes from a face-to-face conference. For Byron, the approach taken is always client-led – it is the one with which his client is most at ease, which best helps them take control of their case and feel empowered in working towards its resolution. Byron has been seconded by Expatriate Law to work within Al Rowaad Advocates in Dubai, where he will advise British expatriates in the region.

Sonny was admitted as a solicitor of the Supreme Court of England & Wales in 2006. Before joining Expatriate Law in September 2014, Sonny practised family law at Seddons, a Legal 500 rated law firm based in London’s West End, where he consistently achieved outstanding results for his clientele of professionals and entrepreneurs. Continue reading....

Holly graduated from the University of Exeter (UK) with a first class degree in law. She was then called to the Bar of England and Wales in 2009, having been awarded a scholarship from The Honourable Society of the Middle Temple. As a barrister, Holly trained with and subsequently commenced practice at 1 Hare Court, the leading set of barristers in the UK for matrimonial finance. Continue reading....

Hero was admitted as a solicitor of the Supreme Court of England and Wales in 2000. Hero has previously worked as a family lawyer at Dawsons and KSB law based in Lincoln’s Inn, London. Her experience includes high net worth financial settlements on divorce, child arrangement matters, child abduction and jurisdiction disputes. She has successfully represented a number of clients in applications for the relocation of children. Having lived in Brazil for a number of years, Hero is now based in Rio de Janiero and advises British expatriates in the region on all aspects of family law. Hero has particular experience in applications for financial provision for children of unmarried families, where the father is British. A qualified a family mediator, Hero’s clients appreciate her conciliatory approach to resolving family disputes, while constantly striving for the best possible outcome for her client. For matters involving British expatriates in Brazil, please contact Hero by emailing her at [email protected] Hero is able to offer rounded family law advice on the pros and cons of English and Brazilian jurisdictions for divorce and other family law applications, by working closely with specialist Brazilian family lawyers.

Alexandra has been accredited by Resolution (formerly the Solicitors Family Law Association ) as a specialist in International Family Law and Advanced Financial Provision. Alexandra has solely practised in family law since being admitted as a solicitor of the Supreme Court of England & Wales in 2004. She specialises in divorces with an international element and ancillary relief (financial settlements on divorce). Continue reading....